Scio Twp. Residents Complain Clerk Flintoft Ignores FOIAs and Delays Releases of Public Records

by P.D. Lesko

Scio Twp. resident Pam Boyd submitted a FOIA request to obtain a copy of “the note” several months ago. Boyd’s FOIA request was approved by Scio Twp. Clerk Jessica Flintoft, but the Clerk did not provide Boyd a copy of the public record. After several months, Boyd appealed to Scio Twp. Supervisor Jillian Kerry the Clerk’s failure to provide the public record. Kerry says after consulting the FOIA Statute, contacting the Township’s attorney Mariah Evans Fink and Clerk Flintoft (neither of whom responded to her emails, says Kerry), Kerry approved Boyd’s FOIA appeal. The Supervisor ordered the public record released. Flintoft failed to do so, which is a violation of the FOIA Statute.

Pam Boyd filed a FOIA request with the Sheriff’s Dept. for a copy of any police report Flintoft filed about the “threatening” note Flintoft says was slipped under her office door in Feb. 2025. That public record request, including a copy of the note, and emails between Flintoft and the Deputy who took the report, was responded to promptly.

Boyd isn’t the only Scio resident who says Clerk Jessica Flintoft is violating the Michigan Freedom of Information Act by ignoring requests for public records, responding outside of the 10 business days (without explanation) required by the Statute, and by brazenly ignoring the Supervisor’s reversals of Flintoft’s FOIA denials.

A Tale of Two Requests for Scio Twp.’s FOIA Log

In May 2025, Scio Twp. resident Renee Smallwood submitted a common FOIA request: Smallwood asked to see a copy of the Township’s FOIA log, a public record that documents all FOIA requests received, from whom, how the requests were handled and how (approved or denied, i.e.). Smallwood says that FOIA request was ignored by Clerk Flintoft. Smallwood then appealed the denial of her FOIA to Jillian Kerry. Kerry ordered the release of the Township’s FOIA log to Smallwood. Flintoft failed to do so, says Smallwood.

If a public record requested through FOIA doesn’t exist, an entity subject to FOIA is required by law to say so in its response to the requestor.

By her own admission, Smallwood says she has submitted a large number of FOIA requests. She said in an email, “I have read and referred to the Michigan FOIA Statute often.  And the Handbook is helpful too.  I also have read many of the Attorney General Opinions.  And I have brought to the Township’s attention to all the violations.”

Smallwood added, “She [Clerk Flintoft] keeps reminding me that responding is not the same as fulfillment and has made many excuses for the delays. I have filed ten appeals to the Supervisor in the last couple of months for not receiving any response in violation of the law. I have many examples of requests that have not been responded to within the five [business] days allowed. And many examples of responses without a time frame given for fulfillment.  Over twenty. There is definitely a pattern and practice of violating the FOIA law.”

Ann Arbor’s Clerk Jackie Beaudry began providing public access to that city’s FOIA log several years ago via the City’s website. The log shows Ann Arbor’s Clerk receives several hundred FOIAs each year. Those requests are received, documented and handled by Beaudry and a FOIA staffer.

The Ann Arbor Independent’s Request for the Scio Township FOIA Log

The Ann Arbor Independent recently submitted a FOIA request for a copy of Scio Twp.’s FOIA log. The record request was denied, because the record doesn’t exist: the Clerk doesn’t keep a FOIA log.

When asked how she keeps track of FOIA requests and her handling of those requests, Clerk Flintoft said in an email, “I document and track the FOIA requests and fulfillment by maintaining organized files on each.” Clerk Flintoft also said in an interview, “I am further behind on FOIAs than I should be.”

The FOIA Statute doesn’t include language that permits FOIA officers to “get behind” on requests, ignore requests or fail to release records when ordered to do so by the Head of the public body. To do so puts the public body/FOIA officer at risk of being dragged into the trial court by the requester and/or by the Head of the public body.

Most all FOIA requests are public records.

In Ann Arbor, Clerk Beaudry’s FOIA log shows requests from multiple “serial requesters.” In 2025 to date, former Ann Arbor City Council member Elizabeth Nelson has submitted over two dozen FOIA requests. Likewise, former Council member Jack Eaton has submitted seven FOIA requests. In comparison, MLive reporter Ryan Stanton has submitted three FOIA requests to the City of Ann Arbor to date in 2025 and the Ann Arbor Independent has submitted half a dozen FOIA requests to the City of Ann Arbor.

In 2022, Scio Twp. resident Kathleen Brant sued Scio Township for withholding public records. Brant said she settled her suit when the records were released and her modest attorney’s fees were paid. Trustee Brant is a staunch political ally of Clerk Flintoft.

When asked about the Clerk’s failure to respond to FOIA requests and slow processing of requests, Brant said she “was not involved in FOIA requests.” She added that because of the number of FOIA requests fielded by the Clerk she believes Scio Twp. should begin charging a “small fee” for FOIA requests.

It’s unclear how charging a small fee would keep Flintoft from falling behind on responding to FOIA requests.

One Scio resident chortled at Brant’s suggestion. “Kathleen [Brant] wants to charge a fee to discourage FOIA requests. The Board needs to look at the process of fulfilling the requests and figure out what Jess [Clerk Flintoft] is doing that should be improved or changed. Instead, they targeted Jillian [by removing the Supervisor from the FOIA appeal process], who was doing her job, to cover up for Jess who is not doing her job.”

Trustee Brant admitted she has no idea how many FOIA requests Clerk Flintoft fields in a given month.

Clerk Flintoft estimated that number to be 100 per year, fewer than nine per month.

“The Note”

In Feb. 2025, Clerk Jessica Flintoft read a statement to her fellow Board members and the public in which she told them a threatening note had been slipped under her office door. On Feb. 26, the day after the Board meeting at which the Clerk made her public statement, MLive reported Flintoft said a “threatening and bizarre anonymous note” had been slipped under her office door. The Clerk, in her statement to the public claimed “someone had snuck through township hall and had slipped the note under her office door.” The Clerk, after making a public announcement at a Board meeting, and having the “threatening note” reported on my MLive told the Ann Arbor Independent, “I find it bizarre there is interest in the letter.”

Scio resident Pam Boyd said she was surprised that anyone would slip a threatening note under the door of the Scio Twp. Clerk. Boyd was shocked when the Clerk read a statement to the public on Feb. 25, 2025 that the note mentioned Flintoft’s sexuality (Flintoft, together with her wife, have young children).

When Boyd saw the note released by the Sheriff’s Dept. in response to her FOIA, she discovered the note did not mention the Clerk’s sexuality, or threaten her.

The note turned over to Boyd by the Sheriff’s Dept. called Clerk Flintoft “bossy, controlling, abusive, disrespectful, demeaning, intimidating, etc.” The Ann Arbor Independent submitted a FOIA request for a copy of the “threatening” note and a copy of any investigatory notes. The Sheriff’s report obtained by Pam Boyd and shared with the newspaper quotes the Clerk as saying she was working with the Township’s HR Dir. and the Township’s attorney to conduct an investigation into who slipped the note under her office door. Flintoft denied the newspaper’s FOIA, and the newspaper submitted a FOIA appeal to Scio Twp. Sup. Jillian Kerry.

Shortly thereafter, Flintoft wrote a resolution, distributed only to the Board of Trustees after a closed session, and voted on after midnight, which stripped Sup. Jillian Kerry of her duty to decide FOIA appeals (Kerry had denied the newspaper’s appeal). Flintoft’s resolution transferred the power to grant FOIA appeals to the Board of Trustees on which she sits and enjoys the support of four of the other trustees (Brant, Yaple, Read and Knol).

After being asked to redact rather than withhold the investigatory notes in their entirely, Flintoft released to the newspaper the investigatory notes lightly redacted.

In an email Renee Smallwood said, “Well what is the Township going to do now with my FOIA Log request? The appeal was granted! Meaning that they must produce a record that does not exist!!” She added, “I am keeping a detailed log of all my submitted FOIA requests for better reference and tracking.  Currently I have requests (19) that are unfulfilled dating back to the end of May [2025].”

Michigan law gives Smallwood one option: to petition the local trial court to compel Scio Twp. to give her the public records she requested. Michigan law allows Smallwood to request punitive damages for an entity’s arbitrary and capricious violation of FOIA.

Trustee Kathleen Brant said in an interview, “I favor transparency. I’m a civic-minded person.” However, Brant said she has no plans to suggest changes to the Township’s FOIA process—other than to charge the public to obtain the records that belong to them.